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Socially Aware - Volume 5, Issue 7 - December 2014

In This Issue: - What’s in a Like? - R.I.P.: The Facebook “Like” Gate - Facebook Dislikes Fake Likes - Privacy in the Cloud: A Legal Framework for Moving Personal Data to the Cloud - Click...more

Henley Is Not Taking It Easy

According to music icon Don Henley, intellectual property rights are not a joking matter....more

Guidelines for Sponsored Content and Native Advertising

“Native advertising” has become popular with advertisers and publishers, but it has raised concerns by the Federal Trade Commission and NAD, the advertising self-regulatory organization, and spawned lawsuits by content owners...more

Political Ad’s Use of Trademark until Election Day Not Infringement

On October 28, 2014, Judge Paul Grewal of the Northern District of California ruled that a political advocacy website’s confusing use of the mark CHOOSE ENERGY could stay up . . . but perhaps only until election day....more

NewPoint Media Seeks Declaration of Non-Infringement of Easy IP Patent and Copyrights Covering Custom Advertisement Creation

NewPoint Media Group, LLC (“NewPoint Media”), filed a complaint in the Northern District of Georgia seeking a declaratory judgment against Easy Intellectual Property Licenses, LLC (“Easy IP”) declaring that NewPoint Media...more

Trademark Infringement by Use of AdWords? Legal Risks by Using AdWords Despite European Court of Justice (ECJ) Rulings

The internet is one of the most important marketing tools today. The use of trademarks as keywords for becoming prominently placed in the results of a search via the Google search machine is nowadays a common and important...more

Goldieblox, Inc. v. Island Def Jam Music Group, et al.

Complaint for Declaratory Judgment and Injunctive Relief

An action for declaratory and injunctive relief to establish the rights of a toy company, GoldieBlox, in connection with a parody video set to the tune of the Beastie Boys’ song “Girls.”...more

LegalZoom and Rocket Lawyer Case over Misleading Advertising Heads to Trial – When is “Free” Really “Free”?

Last week, a federal judge in California declined to grant a summary judgment motion to LegalZoom.com, Inc., in its lawsuit accusing rival Rocket Lawyer, Inc. over claims of trademark infringement, unfair competition, and...more

September 2013: Trademark/Copyright Litigation Update - Ninth Circuit Affirms District Court Denial of Preliminary Injunction in...

On July 24, 2013, the Ninth Circuit Court of Appeals weighed in for the first time in the closely-watched copyright infringement and breach of contract dispute between satellite TV provider Dish Networks and Fox Broadcasting...more

Intellectual Property Bulletin - Summer 2013

January 2012 saw an explosion of controversy over two Internet-related bills that had been progressing through Congress: the Stop Online Piracy Act (SOPA) in the House, and the Preventing Real Online Threats to Economic...more

Prior Publication Exclusion Bars Coverage for Advertising Injury Claims, Despite Continued Advertisement of Additional Allegedly...

Although the sale of its Navajo product line constituted “personal and advertising injury” within the meaning of its liability insurance policies, Urban Outfitters was not entitled to defense or indemnity for claims brought...more

Keyword Advertising Email Alert

The Court of Appeals for the Tenth Circuit recently shed light on an increasingly common Internet business practice. In 1-800 Contacts, Inc. v. Lens.com, Inc., a panel of the court held that the use of a competitor's...more

IP Update, Vol. 16, No. 7, July 2013

“Reverse Payment” Settlements Face Greater Antitrust Scrutiny Following U.S. Supreme Court Ruling in FTC v. Actavis: Federal Trade Commission v. Actavis, Inc. - Resolving a split among the U.S. Courts of Appeals, the...more

Use of Competitor’s Trademark As Trigger for Sponsored Ad is Not Trademark Infringement According to Tenth Circuit

Despite years of litigation over keyword advertising, very few courts have reached the important question whether the use of a trademark solely as a trigger for an advertisement is likely to cause confusion. Last week, in a...more

Google Adwords: Use of competitors' keywords is okay... sometimes.

On 21 May 2013, Mr Justice Arnold delivered a detailed judgement in the Interflora v Marks and Spencer case on trade mark infringement as it relates to keyword advertising....more

Marks and Spencer's use of INTERFLORA trade marks as Google AdWords is held to constitute trade mark infringement by UK High...

The UK High Court handed down its judgment in the long running Google AdWords case, Interflora v Marks and Spencer on 21 May 2013. Mr Justice Arnold has found that Marks and Spencer's bidding on various INTERFLORA trade marks...more

Franchising Newsletter – April 2013

Overview - There have been several franchising developments since our last update in February. This edition discusses: - minimising the risks when marketing through social media - comments from...more

Advertising Law - Apr 25, 2013

- Marc Roth Invited to Present on Privacy Issues in Marketing at NYC Bar CLE Program: On May 3, 2013, the New York City Bar Center for CLE and the Brand Activation Association (formerly the Promotion Marketing...more

The 11th Circuit Finds Insurance Coverage for Internet Copyright Claims

In its recent decision in St. Luke’s Cataract & Laser Institute, P.A. v. Zurich American Insurance Co., 2013 WL 461347 (11th Cir. Feb. 7, 2013) (unpublished), the United States Court of Appeals for the Eleventh Circuit found...more

February 2013: Entertainment Litigation Update

Second Circuit Steers Away from Strict Copyright Protection in the Photography Arena. According to well-known photographer Janine Gordon, rival photographer Ryan McGinley copied more than 150 of Ms. Gordon’s contemporary...more

Funeral Homes In Charlotte Battle Over Trademark Infringement

You don't see a trademark infringement action in the Business Court every day, let alone a TRO decision, but a case with both came along last Friday in SCI Carolina Funeral Services, LLC v. McEwen Ellington Funeral Services,...more

Insurance Coverage: January 2013

There were no significant decisions of the Supreme Court related to coverage this past quarter. The Courts of Appeal have provided us with several more decisions on contribution and subrogation. The following are brief...more

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